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Work Permit in Viet Nam 2022

May 21, 2022 | News

1. Requirements for foreigners to work in Vietnam are as following:

a) is at last 18 years of age and has full legal capacity;

b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health;

c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of the Labor Code.

The duration of a foreign employee’s employment contract must not exceed that of the work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion of multiple fixed-term labor contracts.

Workers who are foreign nationals moving to Vietnam for employment for the purposes of:

a) performing employment contracts;

b) performing intra-company transfer program;

c) performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;

d) providing services under contracts;

dd) offering services;

e) working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;

g) working as volunteers;

h) taking charge of establishing the commercial presence;

i) working as managers, executives, experts, technical workers;

k) performing packages or projects in Vietnam; or

l) accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

2. Application for issuance of a work permit

a. An application form for certification of exemption from work permit No. 11/PLI Appendix I hereto appended.

b. A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.

c. A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution issued by a foreign or Vietnamese authority.

The foregoing police (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution issued within 6 months before the submission date of the application.

d. Proofs as a manager, executive, expert, technical and certain jobs, works as follows:

i) Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 hereof;

ii) Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 hereof, including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years' experience of the expert or technical worker;

iii) Proof of experience of foreign football player or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of club affiliated to Vietnam Football Federation.

iv) A pilot license issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant;

v) A certificate of competency in aviation maintenance issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign worker who performs maintenance on aircraft;

vi) A certificate of competency or validation of certificate of competence issued by a Vietnamese competent authority to a foreign seafarer;

vii) A certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC;

viii) A diploma issued by the competent authority in accordance with qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.

e. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

f. An acceptance of demand for foreign workers, unless it is not required.

g. A valid certified true copy of passport as per the law.

k. Documents relevant to the foreign worker:

i) For a foreign worker specified in point b clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months prior to the transfer date;

ii) For a foreign worker specified in point c clause 1 Article 2 hereof, an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam;

iii) For a foreign worker specified in point d clause 1 Article 2 hereof, a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam at least 2 years;

iv) For a foreign worker specified in point dd clause 1 Article 2 hereof, he/she must obtain a document issued by the service provider to send him/her to Vietnam to negotiate the service provision;

dd) For a foreign worker specified in point e clause 1 Article 2 hereof, he/she must obtain both a document which sends him/her to work for a foreign non-governmental organization or international organization in Vietnam, except for point a clause 1 Article 2 of this Decree, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law;

v) For a foreign worker specified in point i clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign enterprise, agency or organization to send him/her to work in Vietnam that is conformable with the expected job position.

3. Procedures for issuance of a work permit

At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:

a) the employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 hereof;

b) the Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 hereof; or

c) the foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 hereof.

Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.

For a foreign worker specified in point a clause 1 Article 2 hereof, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.

The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.

4.Validity period of a work permit

The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

a. Validity period of the employment contract to be signed.

b. Duration of the foreign worker’s assignment in Vietnam.

c. Duration of the contract or agreement concluded between Vietnamese and foreign partners.

d. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

e. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

f. Validity period in the operation license of the agency, organization or enterprise.

g. Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

h. Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

k. Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

5. Violations against regulations regarding foreign workers in Vietnam

Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on any employer that commits one of the following violations:

a) Failing to send or including incorrect contents and time limits in review reports on foreign workers at the request of state regulatory authorities in charge of labor affairs;

b) Failing to send copies of the signed labor contracts to work permit-issuing bodies in case foreign workers work under labor contracts.

Fines ranging from VND 5,000,000 to VND 10,000,000 per a worker, but not exceeding VND 75,000,000, shall be imposed upon any employer that commits any act of hiring foreign workers in a way in breach of information shown in their work permits or written confirmations of their exemption from work permit requirements.

Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:

a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;

b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.

Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:

a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;

b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;

c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.

Supplemental penalties

Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.

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